All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

The grounds of appeal are examined.

The ordinary wages, which the Labor Standards Act provides for the basis for calculating additional wages for overtime, night work and holiday work and the minimum amount of average wages, shall be the money and other valuables agreed to be paid in return for contractual work (total work in the case of the contractor) ordinarily provided by the worker during contractual work hours, and which are regularly and uniformly paid.

Wages paid periodically or uniformly for a period exceeding one month may be included in ordinary wages if they are paid periodically or uniformly. The term “fixed wage” refers to the minimum wage that a worker who has worked on a voluntary day, regardless of the name of the wage, can receive automatically and finally in return for the work of the worker, even if he/she retires on the next day. Thus, if the worker provided contractual work on a voluntary day, regardless of the fulfillment of additional conditions, it can be deemed that the payment was planned to be made as a matter of course and the amount determined in advance is fixed.

Here, the condition referred to in this context refers to a condition that is not yet determined at the time of providing an extended or night holiday work on a voluntary day. Thus, in cases where the fulfillment of the condition is added on the basis of the facts of the king, which has already been determined at the time, such as having a specific career or having been completed during a certain continuous service period, it does not interfere with the recognition of fixedness, but the wage that is to be paid only to an employee who is in office at a certain time, regardless of whether or not the employee had performed a contractual work, is a qualification requirement for receiving wages.

Such wages shall be paid to a person who has provided labor at a certain point.